The official version of this document can be found via the PDF button.
The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.
STATES OF JERSEY
DRAFT PROCEEDS OF CRIME (JERSEY) AMENDMENT REGULATIONS 202-
Lodged au Greffe on 13th May 2025 by the Minister for External Relations Earliest date for debate: 24th June 2025
STATES GREFFE
2025 P.39/2025
Draft Proceeds of Crime (Jersey) Amendment Regulations 202- Report
REPORT
Article 33 of the Proceeds of Crime (Jersey) Law 1999 ("POCL") applies if a person has disclosed information to the Financial Intelligence Unit (the "FIU") about suspected criminal conduct, including money laundering. It states that the FIU may only disclose that information to a third party if that further disclosure is permitted by Article 34 of the POCL.
Article 34 of the POCL sets out the persons to whom, and the circumstances in which, that further disclosure is permitted.
Previous amendments to Article 34 inadvertently removed the power for the FIU to disclose the information to the Minister for External Relations. The proposed amendment seeks to reinstate this power to enable the FIU to disclose information about suspected criminal conduct to the Minister for the purposes of the exercise of the Minister's functions under the Sanctions and Asset-Freezing (Jersey) Law 2019.
Financial and staffing implications
There are not additional financial or staffing implications for Government as a result of this proposition.
Children's Rights Impact Assessment
A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.
Draft Proceeds of Crime (Jersey) Amendment Regulations 202- Explanatory Note
EXPLANATORY NOTE
These Regulations, if made, will amend Article 34 of the Proceeds of Crime (Jersey) Law 1999 (the "POCL").
Regulation 1 amends Article 34 of the POCL.
Article 33 of the POCL applies if a person has disclosed information to the Financial Intelligence Unit (the "FIU") about suspected criminal conduct, including money laundering. It states that the FIU may only disclose that information to a third party if that further disclosure is permitted by Article 34 of the POCL.
Article 34 of the POCL sets out the persons to whom, and the circumstances in which, that further disclosure is permitted. The amendment made by Regulation 1 allows further disclosure to be made to the Minister for External Relations for the purposes of the exercise of the Minister's functions under the Sanctions and Asset-Freezing (Jersey) Law 2019.
Regulation 2 gives the name of these Regulations and states that they come into force 7 days after they are made.
Draft Proceeds of Crime (Jersey) Amendment Regulations 202- Regulation 1
DRAFT PROCEEDS OF CRIME (JERSEY) AMENDMENT REGULATIONS 202-
Made [date to be inserted] Coming into force [date to be inserted]
THE STATES make these Regulations under Article 47(1)(b) of the Sanctions and Asset-Freezing (Jersey) Law 2019 –
1 Article 34 (further disclosure permitted for certain purposes) of Proceeds of
Crime (Jersey) Law 1999 amended
After Article 34(1)(a) of the Proceeds of Crime (Jersey) Law 1999 there is inserted –
(aa) to the Minister for External Relations for the purposes of the exercise
of that Minister's functions under the Sanctions and Asset-Freezing (Jersey) Law 2019;
2 Citation and commencement
These Regulations may be cited as the Proceeds of Crime (Jersey) Amendment Regulations 202- and come into force 7 days after they are made.